Schuler v. Israel - 120 U.S. 506 (1887)
U.S. Supreme Court
Schuler v. Israel, 120 U.S. 506 (1887)
Schuler v. Israel
Submitted January 10, 1887
Decided March 7, 1887
120 U.S. 506
A judgment recovered in one court may be pleaded as a defense to a suit on the same cause of action pending in another when by law the cause of action is merged in the judgment.
A garnishee has a right to set up any defense against the attachment process which he could have done against the debtor in the principal action, and if the debtor be insolvent, and owes the garnishee on a note not due for which he has no sufficient security, he is not bound to risk the loss of his debt in
This was an action at law in the nature of assumpsit, commenced in a state court against defendant in error and a garnishee.
Judgment for defendant and for garnishee. Plaintiff sued out this writ of error. The case is stated in the opinion of the Court.